New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Treating Physicians = Unretained Experts Requirng Rule 26(a)(2)(C) Disclosures, Not 26(a)(2)(B) Reports — Even If They Form Opinions as to Causation After Treatment Rather Than During Treatment

O’Leary v. Kaupas, 2012 U.S. Dist. LEXIS 95769 (S.D.N.Y. July 11,2012): Defendant Paul Kaupas (“Kaupas”) moves this Court to bar the testimony of three of Plaintiff Marlis O’Leary’s (“O’Leary”) expert witnesses because the witnesses failed to submit written reports under…
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Factual Material Provided to and Considered by Expert Is Discoverable Despite 2010 Expert Witness Amendments — Even If Material Includes Work Product

Fialkowski v. Perry, 2012 U.S. Dist. LEXIS 91165 (E.D. Pa. June 29, 2012): The present discovery dispute arises from defendants’ request that plaintiff produce materials that plaintiff’s expert witness, certified public accountant Howard Lapensohn, identified in paragraph 17 of the…
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Sanctions — Sixth Circuit Issues Directive Requiring Appellants and Their Counsel to Address Adverse Precedent and Advise the Court If They Are Arguing for a Change in the Law, or Face Sanctions

Waeschle v. Dragovic, 2012 U.S. App. LEXIS 14501 (6th Cir. July 16, 2012): B. Sanctions Following Waeschle’s appeal to this Court, Defendants filed a motion for sanctions under Federal Rule of Appellate Procedure 38 and 28 U.S.C. §§ 1912 and…
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Scope of Subject Matter Waiver of Privilege, If Any, Resulting from Intentional Prelitigation Disclosure of Privileged Memo Is Governed by the Same Fairness Considerations as in Rule 502(a) — Undecided Whether 502(a) Applies Prelitigation

Wi-Lan, Inc. v. Kilpatrick Townsend & Stockton LLP, 2012 U.S. App. LEXIS 14432 (Fed. Cir. July 13, 2012): The law firm of Kilpatrick Townsend & Stockton LLP (“Kilpatrick Townsend”) appeals contempt sanctions entered in connection with a subpoena served on…
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Spoliation — Second Circuit Limits Pension Committee — Holds That Failure to Issue Litigation Hold Despite Notice of a Claim Does Not Per Se Constitute Gross Negligence — Totality of Circumstances Test

Chin v. Port Auth. of NY & NJ, 2012 WL 2760776 (2d Cir. July 10, 2012): Plaintiffs-appellees, eleven Asian Americans currently or formerly employed as police officers by the Port Authority of New York and New Jersey (“Port Authority”), sued…
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History of Prevailing Party Attorneys’ Fees (US vs. UK) in a Few Sentences — Good Quotes: (1) District Court Doesn’t Address All Factors; (2) Sanctions: Absence of Dismissal Motion Undercuts Claim Case Was Frivolous from Outset

Gibson v. Solideal USA, Inc., 2012 U.S. App. LEXIS 14415 (6th Cir. July 10, 2012): It is true that some jurisdictions routinely award fees to the prevailing party. Footnote 1. In Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S.…
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§ 1927 Sanctions Properly Denied Because Defense Counsel’s Time Records Did Not Permit Him to Identify Time Specifically Spent Defending 10 Meritless Claims That Were Dismissed on the Eve of Trial

Jackson v. Diversified Collection Servs., Inc., 2012 U.S. App. LEXIS 12392 (10th Cir. June 19, 2012): DCS sought fees against Mr. Jackson’s attorney, claiming that he acted in bad faith dismissing numerous claims at the start of trial. The district…
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Spoliation — Destruction of Disposable Breath Test Device That Does Not Retain Results Is Not Sanctionable — Manufacturer’s Statement That It “Is Not Intended To Legally Determine Blood Alcohol” Goes to Weight — Good Quote on Daubert

Rutledge v. NCL (Bahamas), Ltd., 464 Fed. Appx. 826 (11th Cir. Mar. 20, 2012): Ada Mae Rutledge appeals several of the district court’s evidentiary rulings in her negligence-based jury trial against Norwegian Cruise Line (“NCL”). Rutledge was aboard NCL’s Norwegian…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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